Estay, et al. v. Teton County Sheriff's Department, et al.

O RDER ADOPTING FINDINGS AND RECOMMENDATIONS OF M AGISTRATE JUDGE - 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
PETER J. ESTAY and STEPHANIE S.
ESTAY,
Plaintiffs,
v.
TETON COUNTY SHERIFF, TETON
COUNTY SHERIFF DEPARTMENT,
Sergeant C. BERRY, individually and in
his official capacity as a deputy of Teton
County Sheriff Department, Deputy H.
MAJORS, individually and in his
officially capacity as a deputy of the Teton
County Sheriff Department, Deputy E.
WARN, individually and in his official
capacity as a deputy of Teton County
Sheriff Department, Deputy BEN
GUIMONT, individually and in his
official capacity as a deputy of Teton
County Sheriff Department, CLINT
LEMIEUX, individually and in his official
capacity as the Sheriff of Teton County
Idaho, and JOHN/JANE DOES 1-10,
individually and in their official capacities,
Defendants.
Case No. 1:25-cv-00716-BLW-REP
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS OF
MAGISTRATE JUDGE
This matter is before the Court on Report and Recommendation issued by United
States Magistrate Judge Raymond E. Patricco. See Dkt. 10. Judge Patricco recommends
that Plaintiffs’ action be dismissed without prejudice pursuant to Federal Rule of Civil
Procedure 4(m) for failure to properly serve Defendants and file proof of that service with
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O RDER ADOPTING FINDINGS AND RECOMMENDATIONS OF M AGISTRATE JUDGE - 2
the Court. The Court will adopt the Report & Recommendation in its entirety and dismiss
this action without prejudice.
STANDARD OF REVIEW
Under 28 U.S.C. § 636(b)(1)(C), this Court “may accept, reject, or modify, in
whole or in part, the findings and recommendations made by the magistrate judge.”
Where the parties object to a report and recommendation, this Court “shall make a de
novo determination of those portions of the report which objection is made.” Id. Where,
however, no objections are filed the district court need not conduct a de novo review. To
the extent that no objections are made, arguments to contrary are waived, and “the Court
need only satisfy itself that there is no clear error on the face of the record in order to
accept the recommendation.” Advisory Committee Notes to Fed. R. Civ. P. 72; see also
28 U.S.C. § 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
2003).
DISCUSSION
The relevant factual and procedural background are properly articulated in the
Report and Recommendation and are incorporated into this order. See Dkt. 10. No
objections to the Report and Recommendation were filed. The Court has reviewed the
entire Report and Recommendation and the record in this matter for clear error on the
face of the record and finds none. The Magistrate Judge articulated and applied the
correct standard of law and this Court agrees with his analysis that dismissal without
prejudice is proper under Federal Rule of Civil Procedure 4(m) based on Plaintiffs’
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failure to properly serve Defendants and file proof of that service with the Court.
Accordingly, the Court will adopt the Report and Recommendation in its entirety.
IT IS ORDERED that:
1. 	The Report and Recommendation (Dkt. 10) is ADOPTED IN ITS
ENTIRETY as the order of the Court.
2. 	Plaintiffs’ case is DISMISSED WITHOUT PREJUDICE. The Clerk is
directed to close this case.
DATED: July 14, 2026
_________________________
B. Lynn Winmill
U.S. District Court Judge
Case 1:25-cv-00716-BLW-REP Document 11 Filed 07/15/26 Page 3 of 3